GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

S                                                                                                                                                     1

SENATE BILL 647

Short Title:        Amend Trapping Law.		(Public)
Sponsors:	Senators Sanderson and B. Jackson (Primary Sponsors).
Referred to:	Rules and Operations of the Senate.

March 30, 2015

A BILL TO BE ENTITLED

AN ACT to amend the trapping law relating to conibear type traps.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 113‑291.6 reads as rewritten:

"…

(d)        Conibear type traps that have an inside jaw spread or opening (width or height) greater than seven and one‑half inches and no larger than 26 inches in width and 12 inches in height may only be set in the water and in areas in which beaver and otter may be lawfully trapped. For the purposes of this section:

(1)        A water‑set trap is one totally covered by water with the anchor secured in water deep enough to drown the animal trapped quickly.

(2)        In areas of tidal waters, the mean high water is considered covering water.

(3)        In reservoir areas, covering water is the low water level prevailing during the preceding 24 hours.

(4)        Marshland, as defined in G.S. 113‑229(n)(3), is not considered dry land.

(d1) "Bucket sets" are prohibited.

(d2) Conibear type traps set with bait and having an inside jaw spread or opening (width or height) greater than five and one‑half inches and no more than seven and one‑half inches may be set on dry land only under the following restrictions:

(1) Within an enclosure approved by the rules of the North Carolina Wildlife Resources Commission subject to the following minimum requirements: no openings on the enclosure may exceed 60 square inches, the trap trigger shall be recessed at least eight inches from all openings, and the top surface of the enclosure entrance shall include an overhang such that the trigger recess distance and the overhang distance are no less than 12 inches in combination.

(2) In an elevated position of at least four feet above ground level.

(d3) Conibear type traps set without an enclosure as described in this section and without bait may be set on dry land only under the following restrictions:

(1) On public lands, (i) traps having an inside jaw spread or opening (width or height) greater than five and one‑half inches and no more than six and one‑half inches must be set such that the top of the trap is no more than eight inches above the ground or (ii) the bottom of the trap shall be elevated at least five feet above the ground.

(2) On private lands, (i) traps may not have an inside jaw spread or opening (width or height) greater than six and one‑half inches or (ii) traps having an inside jaw spread or opening (width or height) no more than seven and one‑half inches may be set in buildings and structures or as authorized by a depredation permit issued by the North Carolina Wildlife Resources Commission."

SECTION 2.  G.S. 113‑270.5(a) reads as rewritten:

"(a)       Except as otherwise specifically provided by law, no one may take fur‑bearing animals by trapping, or by any other authorized special method that preserves the pelt from injury, without first having procured a current and valid trapping license. All individuals licensed under this section after October 1, 2016, shall complete a trapper education course approved by the North Carolina Wildlife Resources Commission. When the trapping license is required, it serves in lieu of a hunting license in the taking of fur‑bearing animals. If fur‑bearing animals are taken as game, at the times and by the hunting methods that may be authorized, hunting license requirements apply."

SECTION 3.  The North Carolina Wildlife Resources Commission shall adopt rules to require the reporting of domestic animals taken by trapping.

SECTION 4.  This act becomes effective December 1, 2015, and applies to offenses committed on or after that date.